--- slug: prazo-anulacao-representante-conflito lang: en titulo: Deadline for annulling a deal concluded by a representative with a conflict of interest is 180 days resposta: The deadline for requesting the annulment of a deal concluded by a representative with a conflict of interest is 180 days, counted from the deal's conclusion or the cessation of the conflict. curto: 180 days to annul tema: Governance revisada: 2026-10-02 proxima: 2027-04-02 --- ## Data | Who | Situation | Decadence deadline | Source | Data of record | |---|---|---|---|---| | Represented party | Deal concluded by a representative with a conflict of interest | 180 days, from the deal's conclusion or the cessation of the conflict | Law No. 10.406/2002 (Civil Code), Art. 119, sole paragraph | 10/01/2002 (original wording) | Data consulted on 02/10/2026. ## Basis - [Law No. 10.406/2002 (Civil Code, Planalto)](https://www.planalto.gov.br/ccivil_03/leis/2002/l10406.htm) (Planalto, in Portuguese): Art. 119, sole paragraph, establishes the decadence deadline for annulling a deal concluded by a representative with a conflict of interest, with original wording since 2002. ## How it applies The 180-day deadline to request the annulment of the deal begins to run at two distinct moments: (1) from the deal's conclusion, if the conflict of interest was already known or should have been known by the party contracting with the representative; or (2) from the cessation of the conflict of interest, if it persisted after the act was celebrated. There is no distinction between legal or voluntary representation: the provision covers both cases. ## Limits - The deadline does not apply to other deal vices (e.g., error, fraud, coercion), which have their own rules in Art. 178 of the Civil Code. - Annulment requires a judicial ruling and cannot be achieved by mere declaration of will (Art. 177 of the Civil Code). - The text does not cover undeclared or hidden conflicts of interest, which may lead to other actions (e.g., civil liability for damages). - Changes to the Civil Code after 2002 must be verified directly from the official source (Planalto). - The deadline is one of decadence, not prescription: it does not allow suspension or interruption.